Nandhagobal vs The District Collector
2022 Latest Caselaw 15649 Mad

Citation : 2022 Latest Caselaw 15649 Mad
Judgement Date : 22 September, 2022

Madras High Court

Nandhagobal vs The District Collector on 22 September, 2022

                                                                        Crl.R.C.(MD) No.891 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 22.09.2022

                                                     CORAM:

                                  THE HON'BLE MR JUSTICE G.ILANGOVAN

                                             Crl.R.C.(MD)No.891 of 2022

                 Nandhagobal                             ... Petitioner/owner of the vehicle

                                                        Vs.

                 1.The District Collector,
                   Dindigul District.

                 2.The Assistant Director,
                   Department of Geology and Mining,
                   Dindigul District.

                 3.The Revenue Divisional Officer,
                   Dindigul District.

                 4.The Tahsildar,
                   Dindigul West Taluk,
                   Dindigul.

                 5.State rep by
                   The Sub Inspector of Police,
                   Dhandikombu Police Station,
                   Dindigul District.
                   (Cri.No.835 of 2020)                        ... Respondents/Respondents




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https://www.mhc.tn.gov.in/judis
                                                                           Crl.R.C.(MD) No.891 of 2022

                 Prayer : This Criminal Revision has been filed under Section 397 and 401 of
                 Criminal Procedure Code, call for the records and set aside the order passed in
                 Cr.M.P.No.2115 of 2020 by the learned Principal Sessions Judge, Dindigul dated
                 04.10.2021 and return the vehicle bearing Registration No.TN-81-B-6350 to the
                 petitioner.


                                  For Petitioner   : S.Vishnuvardhan
                                  For Respondents : Mr.S.Manikandan
                                                    Government Advocate (Crl.Side)


                                                       ORDER

This Criminal Revision Petition is filed seeking quashment of order passed

by the learned Principal Sessions Judge, Dindigul, in Cr.M.P.No.2115 of 2020,

dated 04.10.2021 and return the vehicle bearing Registration No.TN-81-B-6350

to the petitioner.

2. The revision preferred against the judgment order that has been passed

by the learned Principal Sessions Judge, Dindigul, seeking return of vehicle

involved in Crime No.835 of 2020, which was registered for the offence under

Section 379 of IPC and 21(1) of Mines and Minerals (Development &

Regulation) Act. Finding the petitioner is involved in previous case in similar

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD) No.891 of 2022

nature, that petition was dismissed. Originally this petitioner filed WP.(MD)No.

1875 of 2019 before this Court in respect of Crime No.32 of 2018 seeking release

of vehicle. That was ordered by this Court, dated 30.01.2019. Thereafter, the

above said vehicle was released with certain condition. Subsequent to that,

another crime which is subject matter of this revision petition in Crime No.835 of

2020 the vehicle was involved. Hence, the petitioner filed WP(MD)No.8503 of

2020 before this Court seeking release of vehicle and this Court by the order,

dated 03.08.2020, directed the respondent herein to produce the vehicle before

the concerned Court and liberty was granted to the petitioner to file a proper

application before that Court. Subsequent to that, he filed Crl.MP(MD)No.1113

of 2020. That was allowed with the condition to produce the original RC book.

Since the original RC book was in custody of the Court in another case, the

petitioner filed a modification Petition. Since earlier petition in WP(MD)No.

1875 of 2019 was suppressed by the petitioner, the above said order was recalled.

Again, that petition came to be dismissed. Over which, this revision has been

filed.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD) No.891 of 2022

3.If the vehicle is allowed to kept over in the custody of the police or in the

concerned Court, there is every likelihood of damage to the vehicle. So on that

ground only the petitioner was already directed to file an undertaking affidavit to

the effect that he will not use the vehicle for any illegal activities in future. As

directed, the petitioner has also filed the undertaking affidavit. Based on the

undertaking affidavit, this Court is inclined to allow this Revision Case.

4.Accordingly, this Criminal Revision Petition is allowed and the order

dated 04.10.2021 in Cr.M.P.No.2115 of 2020 in Crime No.835 of 2020 on the file

of the Principal Sessions Judge, Dindigul, is hereby set aside and the Judicial

Magistrate is directed to release the vehicle of the petitioner on the following

conditions:-

(a) The trial Court shall return the vehicle to the petitioner after verifying

the certified copy of the Registration Certificate of the vehicle.

(b) the petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees

One Lakhs only), with two sureties for a like sum to the satisfaction of

the Principal Sessions Judge, Dindigul.